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DEED QF TRUST ~ i ~ ~ ~ ~ ~ ~ '
<br />Loan No: 1Q122$11f (COntlnued) Page 4
<br />against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustar's title or the
<br />interest pf Trustee or Lender under this Dead of Trust, Truster shall defend the action at Trustor's expense. Trustor may be the
<br />nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and tp be represented in the proceeding
<br />by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may
<br />request from time to time to permit such participation.
<br />Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities.
<br />Survival of Representations end Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust
<br />shall survive the execution and delivery of this Deed of trust, shall be continuing in nature, and shall remain in full force and effect
<br />until such time as Trustor's Indebtedness shall be paid in full.
<br />EXISTING INDEBTEDNESS. The fallowing provisions concerning Existing Indebtedness are a part of this Deed of Trust:
<br />Existing Lien. the lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor
<br />expressly covenants and agrees to pay, or see to the payment af, the Existing Indebtedness and to prevent any default on such
<br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such
<br />indebtedness.
<br />No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security
<br />agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without
<br />the prior written consent of Lander. Trustor shall neither request. oar accept any future advances under any such security agreement
<br />without the prior written consent of Lender.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed pf Trust:
<br />Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly
<br />take such steps as may be necessary to defend the action and obtain the award. Trustor may ba the nominal party in such
<br />proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own
<br />choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by
<br />Lender from time to time to permit such participation.
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
<br />purchase in lieu of condemnation, Lender may at its election require that all or any portion pf the net proceeds of the award be applied
<br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, fees and charges are a part of this Dead of Trust:
<br />Currant Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust
<br />and take whatever ether action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall
<br />reimburse Lender for all taxes, as described below, together with all expenses incurred in retarding, perfecting or continuing this Deed
<br />of Trust, including without limitation all taxes, fees, dpcumentary stamps, and other charges for recording or registering this Deed of
<br />Trust.
<br />Taxes. The fallowing shall constitute taxes to which this section applies: 111 a specific tax upon this type of Daed of Trust or upon
<br />all ar any part of the Indebtedness secured by this Deed of Trust; 12) a specifip tax pn Trustor which Trustor is authorized or
<br />required to deduct from payments an the Indebtedness secured by this type of Deed of Trust; 131 a tax on this type of Deed of Trust
<br />chargeable against the Lander pr the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
<br />payments of principal and interest made by Trustor,
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the data of this Dead of Trust, this avant shall
<br />have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies far an Event of Default as
<br />prpvidad below unless Trustor either (1) pays the tax before it becomes delinquent, or 12) contests the tax as provided above in the
<br />Taxes and Liens section and deposits with Lender cash ar a sufficient corporate surety bond pr ether security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. the following provisions relating to this Deed of Trust as a security agreement era a
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
<br />Lander shall have all pf the rights of a secured party under the Uniform Commercial Code as amended from time to time.
<br />Security Interest. Upon request by Lender, Truster shall take whatever action is requested by Lender to perfect and continue Lender's
<br />security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender
<br />may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this heed of
<br />Trust es a fineneMg statement. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security
<br />interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall
<br />assemble any Personal Property not affixed to the Property in a manner and at a elope reasonably convenient to Trustor and Lender
<br />and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable
<br />law.
<br />Addresses. The mailing addresses of Trustor Idebtnr) and Lender (secured party) frpm which information concerning the security
<br />interest granted by this Dead of Trust may be obtained leach as required by the Unlfprm Gommercial Code) are as stated on the first
<br />page of this Deed of Trust.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of
<br />this Deed of Trust:
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